Ex parte Moore
Mississippi Supreme Court
APPEAL. This was an appeal from the probate court of Marshall county. On the 24th day of June, at the June term of the probate court aforesaid, the will of J. B. Moore, deceased, was admitted to probate. , At the December term, 1840, of the same court, on the 28th of December, Delilah Moore, widow of the decedent, delivered her written renunciation, in due form, of the provisions made for her by the said will.
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APPEAL. This was an appeal from the probate court of Marshall county. On the 24th day of June, at the June term of the probate court aforesaid, the will of J. B. Moore, deceased, was admitted to probate. , At the December term, 1840, of the same court, on the 28th of December, Delilah Moore, widow of the decedent, delivered her written renunciation, in due form, of the provisions made for her by the said will. The court refused to receive this renunciation, or to admit it to record, because more than six months had elapsed, after the probate of the will, before the renunciation was made. From…
1Opinion of the CourtJustice Clayton
The will of John B. Moore, deceased, was admitted to probate in the proper court in Marshall county, on the 24th of June, 1840; on the 28th of December following, his widow Delilah transmitted to the court a written renunciation of the provisions made for her by the will, and elected to take her legal share of the estate. The probate court refused to receive the renunciation, because it was not offered in six months from the probate of the will, and the cause comes up by appeal to this court.
This single point only is presented for decision. We have been able to find no direct authority, and…
2Cited by3 opinions
- In re the Estate of ZweigNew York Surrogate's Court · 1932
- Rush v. RushMississippi Supreme Court · 1978
- Bullock v. HarperMississippi Supreme Court · 1970